Pedek v. Wegemann

The defendants first contend that there was no credible evidence in the record from which the jury could affirmatively answer any of the questions in the special verdict as to the causal negligence of Wegemann. In its memorandum decision the trial court reviewed the testimony and exhibits and determined that the record did present questions of fact for determination by the jury. In view of the fact that there must be a new trial of the issues we do not deem it proper to comment upon the testimony but a careful review of the record indicates that the trial court was correct in denying the…